Post
by DianaJDavis » Tue Apr 08, 2008 9:52 am
Hello, I need some good advice. (Wanderer, or anyone with some useful input?)
I am an American who has come to the UK on a series of 'visits' (the first one being BUNAC visa, all visits granted at port thereafter) since September 2006. Since then I have only returned home twice for a total of 7 weeks (5 weeks in June/July 07, 2 weeks in February 08 ).
My trips to the Uk have thus far exceeded the 6/12 month guideline.
During my last 2 visits, I fell head over heels in love for my then friend now boyfriend, whom I had known since I came over on the Bunac visa a year previous (we both had other relationships until May, came back to see him for 2 weeks in June, decided to come back in August to give it a decent shot and we've been living together ever since). We are absolutely crazy about each other but neither of us wants to marry under duress of government restrictions.
I don't know what to do, as I know every time I am let in as a visitor, it is as a lucky exception because I've been here under that category so long already. I tried to find an employer to sponsor a work permit (having a B.A. hons in English and Psychology) on the last trip, but this was difficult as I haven't been gaining work experience since Uni, (worked at WHSmith on the Bunac visa). I ended up wasting time with a small company who decided to back out at the last minute after dragging their heels for 2 months, finally being daunted by the tediousness of the process.
When I went home in February, I applied for a 1 year visitor visa for lack of any other category to qualify in. Although I knew I'd probably come in under a different category before that visa were to expire, I wanted it because I was terrified of being prevented from seeing him.
Funny then that it was denied. The official reasons were that I failed to provide evidence of my parents (sufficient) income-- supplied payslips but no bank accts, and my bf's bank statement showed overdraft. It also said I failed to provide evidence of his citizenship, even though I included a copy of his passport (he is British). Then at the bottom (the real reason), the ECO cited the 6 out of 12 month rule, and stated she didn't believe I intended to return home when my visa expired.
Because I had a flight booked for return to UK, and only received my denied visa app the day of the flight, I flew back anyway, and luckily was able to explain my situation to the IO, who granted me leave to enter until next Monday, 14th of April (when my return flight was booked, exactly 2 months from my entry on Valentine's Day).
Since then, however, we have formulated the grand plan of taking a PGCE course together to become international teachers (we both applied to Bristol in late Feb, didn't think we'd get in as it was so late in the year). I truly did not have this intention when I entered, it was a very spontaneous decision for both of us; partly perhaps as a way forward where we could both be together if I got a student visa, even though he will be quitting a 7 year business career to do it.
He has had an interview and been accepted to Bristol, my interview is scheduled for the 12th of May. My question is this (finally): Rather than fly home and spend $400 on a return flight 2 weeks later, I am considering taking a loss on the original flight ($250 cheapo fare into Toronto, I live in Rochester, New York) and going with him to France this weekend, and re-entering on the basis that I need time to schedule two 1-day visits to secondary schools before my interview (have a letter from Bristol stating this, as well as a letter confirming my interview date).
Also, I am afraid of traveling alone with that little stamp on the back of my passport. Even though the IO (in Feb) said that it wouldn't reflect badly on my immigration history, and that even though I'd be asked questions about it, as long as I could show proof of funds and explain myself I should be fine in future travels, I know that there is always a chance of getting an IO who is unsympathetic with my coming in so much as a visitor to be with my boyfriend.
I feel that our chances are better if we are together at the port (we'd be ferrying it, so would be in the same line at passports). Am I right? Will they recognize the interview as a legitimate change in circumstances, or see me as attempting to be deceptive? We are also flying out to Italy together with his mum (who has terminal cancer, another reason why I do not want to be spending time away from here right now) for his brother's wedding to an Italian. I could present a ticket at re-entry, but don't see how much good it would do if I tell them I'm not planning on taking my current flight out on the 14th. If I don't tell them about my current flight, it might look less like I'm reneging on commitment, but if I do tell them, then perhaps they would at least decide to let me in for my flight the next day, rather than denying me utterly.
How serious is my situation, and do I have a shot of going the more convenient route in and out of France? If accepted to Bristol, I would of course return home in June to apply for student visa. I have never overstayed.
Thanks to all who had the patience to read this lengthy report, any advice is appreciated.
Diana